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04.11.23Welcome to the April 11, 2023, Prosper Town Council Meeting Call to Order/Roll Call Invocation, Pledge of Allegiance, and Pledge to the Texas Flag Pledge to the Texas Flag Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. Announcements Presentations Agenda Item 1. Presentation of a Proclamation declaring April 2023,as Sexual Assault Awareness Month.(MLS) Consent Agenda Agenda Item 2. Consider and act upon the minutes from the March 27,2023, Town Council Joint Work Session Meeting.(MLS) Agenda Item 3. Consider and act upon the minutes from the March 28,2023, Town Council Work Session meeting.(MLS) Agenda Item 4. Consider and act upon the minutes from the March 28,2023, Town Council Regular meeting.(MLS) Agenda Item 5. Consider and act upon an ordinance amending Section 12.09.003,"Speed Limits on Specific Streets,"of Chapter 12 "Traffic and Vehicles,"of the Town's Code of Ordinances by modifying the prima facie speed limit on FM 1461 (Frontier Parkway).(HW) Agenda Item 6. Consider and act upon approving the purchase of Public Safety,Police Department supplies and equipment through the Texas Department of Information Services (DIR)Contract #DIR-TSO-4101 with Motorola Solutions,Inc.(DK) Agenda Item 7. Consider and act upon the appointment of Frank Jaromin, Public Works Director,to the Upper Trinity Regional Water District Board of Directors effective June 1,2023.(CE) Agenda Item 8. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the City of Celina, Texas,and the Town of Prosper,Texas,related to cost participation in the construction of interim asphalt improvements on Parvin Road from east of FM 1385 to west of Legacy Drive,and funding participation for the design of Frontier Parkway from Legacy Drive to the Dallas Parkway. (HW) Parvin Road Project Frontier Parkway Project Agenda Item 9. Consider and act upon an ordinance amending Planned Development-94 (PD-94),for the Westside Development,on 64.5±acres,northeast corner of US 380 and FM 1385, regarding a big box use and development standards.(Z22- 0020).(DS) Agenda Item 10. Consider and act upon authorizing the Town Manager to execute a Development Agreement between 1385 Prosper LLC,Alphas 3 Prosper RI LLC,SSSS Holdings LLC,and Westside Prosper LLC and the Town of Prosper,related to the Westside Development,northeast corner of US 380 and FM 1385.(DS) Agenda Item 11. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department,pursuant to Chapter 4, Section 1.5(C)(7)and 1.6(B)(7)of the Town’s Zoning Ordinance,regarding action taken by the Planning &Zoning Commission on any Site Plan,including Legacy Wireless Communication Tower.(DS) Agenda Item 12. (Item will be Postponed to April 25,2023)Conduct a public hearing and act upon a request to amend the Future Land Use Plan from Residential Low Density to Retail and Neighborhood Services,generally located,located on the east side of Preston Road,north of St.Peter Lane.This is a companion case to Z21-0003.(CA21-0001).(DS) Agenda Item 13. (Item will be Postponed to April 25,2023)Conduct a public hearing and consider and act upon a request to rezone 13.3± acres from Single Family-15 (SF-15)to Planned Development-Retail (PD-R),generally to allow for an office/retail development,located on the east side of Preston Road,north of St.Peter Lane.(Z21-0003).(DS) Citizen Comments The public is invited to address the Council on any topic.However,the Council is unable to discuss or take action on any topic not listed on this agenda.Please complete a “Public Comment Request Form”and present it to the Town Secretary prior to the meeting.Please limit your comments to three minutes.If multiple individuals wish to speak on a topic,they may yield their three minutes to one individual appointed to speak on their behalf.All individuals yielding their time must be present at the meeting,and the appointed individual will be limited to a total of 15 minutes. Regular Agenda If you wish to address the Council,please fill out a “Public Comment Request Form”and present it to the Town Secretary,preferably before the meeting begins.Pursuant to Section 551.007 of the Texas Government Code,individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened.For individuals wishing to speak on a non-public hearing item,they may either address the Council during the Citizen Comments portion of the meeting or when the item is considered by the Town Council. Agenda Item 14. Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas,declaring the public necessity to acquire certain water line easements and temporary construction easements for the construction of the Dallas North Tollway (Prosper Trail -Frontier)12"Water Line project;determining the public use and necessity for such acquisition;authorizing the acquisition of property rights necessary for said Project;appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired;authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions;and authorizing the Town Attorney to institute condemnation proceedings to acquire the property rights if purchase negotiations are not successful.(HW) Dallas North Tollway (Prosper Trail –Frontier) 12” Water Line Easement Acquisition PARCEL #OWNER 1 PROSPER TOLLWAY AVENUES 35 LP 2 COTHRAN MALIBU LP 3 AABVC-DNT-WEST-FRT LP 4 URBAN HEIGHTS AT FRONTIER LLC 5 DNT FRONTIER LP Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Executive Session Section 551.087 –To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 –To discuss and consider purchase,exchange,lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 –To discuss and consider personnel matters and all matters incident and related thereto. Section 551.074 -To discuss appointments to the Board of Adjustment/Construction Board of Appeals,Parks &Recreation Board,Library Board,Prosper Economic Development Corporation Board,Planning &Zoning Commission,and the Community Engagement Committee,and all matters incident and related thereto. The Town Council will reconvene after Executive Session. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Adjourn